Regarding the Pinocchio thing: Local police said „that‘s probably insult“ and sent it to public prosecutors. Public prosecutors investigated and said „nope, free speech“.
If you can disturb enough people that think differently, independent of the final result, you can end up silencing them. Is the same that happens with bogus DCMA claims in Youtube channels, when they negative reviews of products. For a normal guy, having the police showing up, going to court, lawyer, etc, can be a significant burden. I DO see a problem.
Indeed, police misusing their authority is a problem, and they require constant oversight. But this is true completely independently from if you need to provide an age to order drugs online.
> Prosecution needs to look into all reported cases.
The ramifications of that sentence in terms of cost, effort and possibly other nuances, makes me shiver.
Note how a minimal misbehavior of a relatively small portion of the population could render any police and judicial system totally inoperative. Just 2000 people across the country go doing light insults to random people… again, I can think of much better systems.
The investigation and the threat against your freedom and safety (the implication of prison is always that you'll be harmed in there) WAS the punishment.
Sure, but the fact remains that it was referred for criminal prosecution. They didn't follow through, this time, but the victim still had his "lesson" about insulting his betters.
And Germany really did sentence people for calling Mr. Habeck "Schwachkopf", which is about as mild an insult as you can find.
Weeeeeell .. to counter that argument there is pimmelgate. I know it was not legit, but they searched his house, even after he was at the police station and confessed.
That leads to selv censorship, even if what you did was legal.
Yes, I think I am with you. That search should not have happened (and consequently was ruled unlawful by a court afterwards). But it should not have happened in the first place.
I hope (but do not know) that in the Schwachkopf-case, they just took the shortcut via insult instead of opening an investigation for the Nazi stuff.
But we don’t know that.
I believe, that we can express our opinions and discuss them without insulting people (in the legal sense).
And I hope, that prosecutors do not lightly investigate each Schwachkopf they find on the internet.
And for all the other cases, the courts need to be involved.